Employee vs. Employer Contributions
The Spooner Retirement Savings Plan likely includes both employee salary deferrals and employer matching contributions. These contributions may not vest at the same rate. A QDRO must specifically address:
- How to divide vested vs. unvested amounts
- Whether only participant contributions are being divided, or employer contributions too
- The valuation date (e.g., date of divorce, date of distribution, etc.)
Employer contributions that are not fully vested at the time of divorce may be forfeited depending on the plan’s vesting schedule, and your QDRO should clarify how those contingencies are handled.

